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HomeMy WebLinkAbout2013-05-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MAY 28, 2013 AGENDA 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership, L.P., at property located at 1100 King Street. RESOLUTIONS: 1) Considering the authorization of funds for the 2013 Independence Day celebration to be paid to the Port Chester — Rye Brook — Town of Rye Independence Day Committee 2) Considering the approval of Minutes: April 1, 2013; April 9, 2013; April 23, 2013; May 14, 2013 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting May 28, 2013 Page 1 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: June 11th and June 25th, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator Gregory Austin, Police Chief David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the May 28, 2013 Regular Meeting of the Board of Trustees. He noted that the Board just came from an Executive Session, and called for the first item on the agenda. PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership, L.P., at property located at 1100 King Street. On a motion made by Trustee David Heiser, and seconded by Trustee Jason Klein, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting May 28, 2013 Page 2 Mayor Rosenberg reviewed the order of speakers, and asked speakers to be conscious of the time allotted to speak. He noted that the speakers would be called in the order of the sign-in sheet. Mayor Rosenberg called upon the representative for the applicant to review the application. William Null, Esq., from the firm of Cuddy and Feder, John Collins, consultant for the applicant addressed the Board. Attorney Null noted that on May 10th, the applicant submitted a consolidated application. There are two binders of materials submitted along with updated studies which included traffic, air quality, and noise. Also addressed was the emergency access and landscaping updates. The key issues that remain open from the F.P. Clark memo relate to traffic. John Collins addressed the Board and summarized where the application stood in connection with the traffic studies. Additional data that was requested was submitted. The interchange near the Hutch was reviewed, the 140,000 of additional office space was included, and hourly distribution of traffic was reviewed under several conditions. He discussed information submitted. The traffic studies take into account the existing 540,000 square feet plus the 280,000 square feet approval. Also discussed was the daily volumes of traffic. Week day and weekend traffic was reviewed. The worst hour would be the evening rush hour. This is the busiest time. He also reviewed the comparison of the impact under the peak hour conditions, week day or Saturdays. The impact primarily occurs on a Saturday. The project will add traffic, but it is not a significant impact. He compared the currently proposed project and the currently approved project. The mitigation is the timing of the traffic light. The office space is not occupied at its full potential. Attorney Null noted that bringing up the office building to full occupancy is as-of-right. He felt that the increase in traffic is not significant. Mayor Rosenberg noted that there is a sizeable increase. Mr. Collins noted that Saturday was less because the traffic coming from the offices is less. Mr. Mike Galanti of Frederick P. Clark addressed the Board. He noted that a report dated May 24, 2013 has been submitted. This report included a review of the May 10th updated traffic report. The document from the applicant includes almost everything that was asked for. This is a new application for four rinks. It would replace the approved 280,000 office space. The applicant has a right to build the 280,000 square foot office space. The new application; the rinks, was been submitted 6 months ago. The analysis has evolved. The office building can be built without any mitigation. This new application has impacts. It impacts King Street, Anderson Hill Road, and the Hutch. The office buildings could be filled up soon. Board of Trustees Meeting May 28, 2013 Page 3 Mr. Galanti gave a Power Point presentation. Each chart reflect traffic at a specific time and day. The project has evolved and traffic generation was shown and compared. The peak hours and activities were reviewed, as were typical days and event days. Traffic will be added throughout the day. The greatest impact found is during the week. The comparison is very clear. Under today's conditions the roads work fairly well. On the weekends, with schools closed and offices, the traffic works fairly well. When you start looking at the approved 280,000 square feet, and office buildings at capacity. There will be significant delays. The impact of the new proposal must be reviewed. It is significant. Issues to be reviewed include the types of mitigation, Anderson Hill Road, Greenwich resident comments, and International Boulevard. In summary, a lot has gone into the traffic studies. Marilyn Timpone Mohamed of Fredick P Clark Associates addressed the Board. The applicant has provided the Village with their SEQRA application. This document is not significantly detailed enough to get at the impacts. The New York State DEC is revising the forms. The Village has requested additional information that includes traffic, air quality, noise, visual impacts, vegetation. Now the Village must determine if this project would be significant in terms of impact. At this time the Village is in the gathering phase. The information has now been received. A negative declaration will be stated that there are no impacts. If there is a potential for impacts, then a positive declaration will be given. Mayor Rosenberg noted that the public hearing will remain open. He noted that the additional traffic concerns him. The rink will add almost 1000 cars. The rinks will also bring the amount of Friday traffic to Saturday. One of the traffic lights that are being looked at for mitigation is in the State of Connecticut. There are also impacts to the Hutch and Merritt that need to be reviewed. Trustee Rednick noted that recreational facilities are important for municipalities. However, it needs to be the right facility for the right location. He was concerned about the overall numbers of cars being added to the roadways. Different uses for the facility must also be reviewed. What will the impacts be? Will this become a concert venue, a Disney on Ice venue? The uses need to be narrowed down. Attorney Null noted that there is no concert or Disney on Ice shows being proposed. The applicant is not looking at changing the nature or use of the rinks. Trustee Heiser noted that he was concerned that a 280,000 square foot possible build is a stomping horse. Take what is happening with traffic today, and then you need to Board of Trustees Meeting May 28, 2013 Page 4 compare that with what will happen if the ice arena is built. He asked for greater creativity to show what the traffic would be, noting that the existing office buildings are not fully occupied. Attorney Null noted that the traffic analysis has been done. Trustee Klein asked for additional information on capacities for the intersections. Mr. Collins noted that it is easy to determine capacity of the intersections. Trustee Epstein noted that she is now coming up to speed on this application. She was concerned that everyone is focusing on the peak hour traffic versus all traffic at all times. Attorney Null noted that a matrix of activities for the rinks has been submitted. The tournaments have been described and this information has been presented as part of the application. Mayor Rosenberg noted that the level of service will be significantly impacted. Attorney Null responded that additional information will be presented. Mayor Rosenberg opened the floor up to the public. He turned to the sign-up sheet, asking the residents to be brief and not be repetitive. Doctor Richard Buzin address the Board. He addressed the process, noting that traffic is a major concern. Many residents are against the project. Walking the site resolves some of the issues. He noted that he is distressed by comments made by some of the residents regarding neighbors. There have been a lot of comments about the King Street/Hutch interchange. The Village brought this to the attention of the New York State D.O.T. The HOA's of Greenwich lobbied successfully to prevent reconfiguration of this area. The Brunswick School and other projects were approved. Jeff Penn from Highpoint Circle addressed the Board. The traffic needs to be reviewed. The applicant would like the Village to believe that there will be a tremendous positive for the Village. He implored the Board to review every aspect of the study and that it be questioned and challenged. He noted that he has sent an email to the Board regarding the positives for the Village. Don't believe the hype—this is not a boom for the Village. Laura Schater of Doral Greens Drive West addressed the Board. The Village is developing a comprehensive plan for the Village. The ice rink needs to be put on hold or over turned until the Comprehensive Plan has been put in place. No one knows what is going to happen. The residents have been told of possible positives, but there are many questions about them. The light at Doral Greens is a very long light. There are new Board of Trustees Meeting May 28, 2013 Page 5 homes being built on King Street and the apartments at SUNY will increase the traffic. The schools have weekend events that need to be considered when looking at the traffic. She felt that a new environmental impact study needed to be done. Marsha Teschner of Doral Greens Drive addressed the Board. She asked if anyone has been at any of the other rinks. There is an overlap of cars and visitors. Teams are preparing to take the ice while previous teams are packing up to leave. She also asked if there was any input from the FAA. Mr. Bradbury noted that information from the FAA has been requested by both the Village and the applicant. Barbara Berk addressed the Board. She noted that she walked the site. There is a lot of traffic and there is congestion on King Street. There is an existing traffic problem on King Street. Offices are released at staggered times. The quality of life of the neighbors must be taken into account. The people that are opposed need to be counted. Alcohol will not be sold on the premises, but no one can control whether or not beer is brought in. Marsha Goldfinger addressed the Board as a resident of Doral Greens. She gave four accounts of incidents that occurred on King Street. Traffic is already congested and people experience delays. Mr. Nicholas Lyras, president of the Home Owners Association for Doral Greens, addressed the Board. Other rinks are surrounding by municipal parking lots, public parks, and they are not in a residential areas. In addition, there are interstates close by. Mr. Ronald Kuntzman addressed the Board in opposition to the project. Mr. Allen Williams of Greenwich addressed the Board. He addressed traffic and safety issues regarding EMS and Fire. Mr. Bradbury reviewed our fire service coverage. Ms. Diane Fox from the town of Greenwich addressed the Board. She noted that key points have been raised. Traffic is an issue. The Town of Greenwich would like to cooperate. Mr. Bradbury noted that Rye Brook enjoys a very good relationship with Greenwich. First Selectman Peter Tesei from the Town of Greenwich addressed the Board. He had the opportunity to sit and listen. The impacts that development or re-development may have exist. It is important to take a very careful look at the intensification of traffic. The interest of the residents must be taken into account. Board of Trustees Meeting May 28, 2013 Page 6 Mr. Adam Sohn addressed the Board. He felt that this project was benefit for everyone. Bringing people into the village will help. Restaurant use would increase, vendors would also see increases. The positives should be explored. Ms. Carol Goodman addressed the Board. The charts are overwhelming. She felt that the numbers are deceiving. Traffic on King Street is terrible and additional cars o the roadways would make it worse. She felt that there needs to be a comparison of the new application versus what currently exists. There is a significant impact and not a lot of materials that show that there will be an economic benefit. This is an important issue. Marilyn Timpone Mohamed, Village Consultant, noted that an approval already exists. The two projects are being compared and positives of the proposed ice rinks are being looked into. It is difficulty to tell whether or not there would benefits as the study is not sufficiently detailed. Nat Parish, PE addressed the Board. He reviewed possibilities for uses of the ice skating rinks, which have not been mentioned. A special use a�proval will allow them to have anything. This information can be found in the May 10t Matrix. The Board should ask for uses for the summer months. Other activities can and will occur not only off season. This could become a multi-use facility. An important question is whether or not this is a compatible land use. The applicant needs to very specifically state the uses. This application should not be considered to the be same application that was submitted in November. He stated that in his opinion the visual impact studies are inaccurate. Attorney Parish stated that he has submitted a "What If' memo. How does the Village of Rye Brook monitor a facility of this type. Occupancy cannot be monitored. Given the creation of this multi-use facility, there is no reason to believe that an office building will be constructed. What uses are feasible to be put next to this use. He felt that there should be input regarding the amount of real estate taxes that will be generated from this property He noted that he never came across an application that did not provide an estimate of taxes to be paid. The EIS did have an estimate of what the office park would generate in taxes. Mayor Rosenberg noted that the Village has reached out to the Tax Assessor and is waiting for a report. Mr. Bradbury noted that there is a January 22, 2013 letter from Cuddy and Feder that does provide some information on taxes. Parish noted that there are alternative uses that should be looked at. They can produce revenue. The currently zoning ordinance is far too narrow. Additional uses should be permitted that would have lesser impacts. Attorney Davis waived his turn to address the Board. Board of Trustees Meeting May 28, 2013 Page 7 Mr. Penn noted that new business that create jobs in the vicinity of a SUNY campus would get a tax break. Mr. Bradbury noted that this was being looked into. Mayor Rosenberg noted that the public hearing will remain open. The next Board meetings are June 11th and June 25t . Attorney Null asked to be placed on the agenda for June 25th. He requested some documents that were discussed at this meeting. The information from Greenwich will be shared with the applicant, and will be placed on the Village's website. If needed, the mater can be adjourned. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the public hearing was adjourned to June 25th Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg called for a brief recess. Upon the Board's return, he called for the first item under resolutions. RESOLUTIONS: 1) Considering the authorization of funds for the 2013 Independence Day celebration to be paid to the Port Chester — Rye Brook — Town of Rye Independence Day Committee Mr. Bradbury read the following resolution: WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2013 Independence Day Celebration; and WHEREAS,the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. Board of Trustees Meeting May 28, 2013 Page 8 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay three thousand five hundred dollars ($3,500.00)to the Port Chester-Rye Brook-Town of Rye Independence Day Committee for its 2013 Independence Day Celebration. Mr. Bradbury noted that the Village of Rye Brook makes a similar donation every year. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 2) Considering the approval of Minutes: April 1, 2013; April 9, 2013; April 23, 2013; May 14, 2013 With the Board's consensus, Mayor Rosenberg asked for an adjournment to the next meeting. Mayor Rosenberg called upon Mr. Bradbury for his report. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Building Permit Amnesty Program is ending. An email blast is being sent out to residents. A Blood Drive is being held a the Fire House. There is information on the website. Board of Trustees Meeting May 28, 2013 Page 9 The Ridge Street Bridge closing is scheduled for June 5 '. Info. Additional information can be found on the Village's website. Detour signs will be installed. Mr. Bradbury noted that the fee waiver for work related to Hurricane Sandy has been extended. The Blind Brook High School Walk for Morry charity event is scheduled for June 7th from 4 to 7 p.m. The Sleep for Solutions charity event has been cancelled for 2013. They hope to do it again next year. A public forum has been scheduled for June 10th at 8:00 for the Comprehensive Plan. Mayor Rosenberg noted that he attended the Town of Rye Memorial Day Ceremony. It was a nice ceremony that reminded everyone of the true reason for the holiday. Mayor Rosenberg noted that the next Board of Trustees meetings were scheduled for June 11, 2013 and June 25, 2013. There being no further business before the Board, he called for a motion to adjourn. On a motion made by Trustee Heiser, and seconded by Trustee Susan Epstein, the meeting was adjourned at 10:17 p.m. and the Board went into an executive session. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting May 28, 2013 Page 10